A jury has awarded a patient $3 million after she claimed that a blood clot filter made by Cook Medical Inc. caused her injury. This case is the third case from a multidistirct litigation alleging that the design of Cook Medical Inc.’s IVC filters can cause injury. 

Plaintiff Tonya B. alleged that a Cook “Celect” model blood clot filter broke apart in her body, requiring her to have surgery to remove it. The jury determined her injuries happened as a result of defects in the filter, leading them to award her the $3 million.

Tonya says that she had the Celect blood clot filter implanted into her body in preparation for an upcoming spinal-fusion surgery in 2009. She claims that she began experiencing adverse reactions in May 2011, when a pain developed in her right thigh. She says that a month later, something began protruding from her skin. Tonya says that she pulled the item out of her leg and discovered that it was part of her blood clot filter.

Tonya’s Cook IVC filter lawsuit claimed that she had a full body scan which revealed that her IVC filter had fractured. Allegedly, a part of the fractured filter that had migrated to near her spine had to be removed in an open surgery that took place in October 2015.

BioSpace notes that in addition to the federal multidistrict litigation of which Tonya’s case is a part, numerous state lawsuits have also been filed on the alleged Cook blood clot filter issue. 

Blood clot filters, or inferior vena cava filters (IVC filters) are small filters inserted into the vena cava, the body’s largest artery. They are used to stop a blood clot from traveling through the body.

Some IVC filters, like the Cook filters under critique, are designed to be removable. However, when they need to be removed because they have fallen apart or are defective, the process can be dangerous to patients. 

Tonya claims that Cook and other makers of the device were negligent in creating and selling a filter that was defective in its design and could cause injury. Allegedly, the company was negligent in its manufacturing of the device, and breached warranty. She also claims that the companies should be held liable for her injury.

Most of Tonya’s claims were tossed in December of last year by U.S. District Judge Richard L. Young. Judge Young stated that Tonya had not demonstrated that Cook’s actions or failure to warn her of the device’s alleged defect caused her harm.

However, Young did preserve Tonya’s claims related to the alleged defect in the design of the device.

Two other bellwether cases preceded Tonya’s in the Cook blood clot filter multidistrict litigation. A jury sided with Cook in the case of the first one, which took place in November 2017. The second case was tossed as time barred in March 2018.

The Blood Clot Filter Lawsuit is Case No. 1:14-cv-06018, part of In re: Cook Medical Inc., Case No. 1:14-ml-02570, in the U.S. District Court for the Southern District of Indiana.